Madras High CourtCRL OP(MD)/23268/2015ordered

Karuppu Raja v. The Inspector Of Police

2015-12-08Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23268 of 2015 1 KARUPPU RAJA 2 GOWTHAM 3 SURYA 4 KARTHICK @ LOLLU ... PETITIONER(S) / ACCUSED 2 to 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PERUNKUDI POLICE STATION, MADURAI.(CRIME NO. 328 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MUNIYANDI Advocate For Respondent : M/S.K.Anbarasan Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 to A5, apprehending arrest at the hands of the respondent police, for the alleged commission of offences punishable under Sections 147, 148, 324, 307 of IPC, in Crime No.328 of 2015, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused have attacked the de-facto complainant. The petitioners have already filed Crl.O.P.(MD) No.19856 of 2015 before this Court. This Court, by order dated 14.10.2015, granted anticipatory bail to the petitioners therein, wherein at paragraphs 5 & 6, it has been held as follows:

"5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai and on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which the petition for anticipatory bail stands dismissed." https://hcservices.ecourts.gov.in/hcservices/

3. The petitioners did not comply with the condition imposed by this Court, dated 14.10.2015, in Crl.O.P.(MD) No.19856 of 2015 and the anticipatory bail petition stood dismissed automatically. Further, the petitioners have filed a petition in M.P(MD)No.1 of 2015 to extend the time for their surrender before the learned Judicial Magistrate No.VI, Madurai and the same was dismissed by this Court, on 26.11.2015.

4. Now, the petitioners have come out with the present petition for Anticipatory Bail on the ground that they could not arrange sureties within the time limit granted by this Court.

5. Considering the facts and circumstances of the case and also the fact that this Court has already granted anticipatory bail to the petitioners, in Crl.O.P(MD)No.19856/2015, dated 14.10.2015, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.VI, Madurai, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners shall appear before the concerned Magistrate on or before 04.12.2015, failing which the petition for anticipatory bail stands dismissed.

sd/- 08/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.VI, MADURAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, PERUNKUDI POLICE STATION, MADURAI.

+1. CC to M/S V.Ramalingam Advocate SR.No. 70049. TS/10.12.2015/2P-6C/JGB-DP/SAR - I ORDER IN CRL OP(MD) No.23268 of 2015 Date :08/12/2015 https://hcservices.ecourts.gov.in/hcservices/